Catering trademark usage contract is a must-understand for many people in the catering industry, and it is also a very important term. The catering trademark use contract is very important, but for those who are new to it or need to use it, few people know how to write it. So what is the specific role of the catering trademark use contract? Let me answer it for you below. Types of trademark license contracts (1) Exclusive license: The trademark registrant licenses the registered trademark to only one licensee at the agreed time, region and in the agreed manner, and the trademark registrant is not allowed to use the registered trademark according to the agreement; (2) The registrant of an exclusive use license licenses the registered trademark to only one licensee during the agreed period, region and in the agreed manner. The trademark registrant may use the registered trademark as agreed but may not license others to use the trademark. Registered trademark. (3) General use license General use license means that the trademark registrant allows others to use its registered trademark within the agreed period, region and in the agreed manner, and can use the registered trademark on its own and permit others to use its registered trademark. Contract template editor number: Trademark licensee (Party A): Trademark licensee (Party B): In accordance with the provisions of the "Trademark Law of the People's Republic of China" and the "Implementing Regulations", both parties follow the principles of voluntariness and good faith , signed this trademark license contract through friendly negotiation. Scope of Authorization 1. Party A authorizes Party B to use the Class ______ trademark (registration number: ______) that has been registered with the Trademark Office of the State Administration for Industry and Commerce on the packaging of ______ products produced in its stores and production. 2. Trademark logo: (separate page) 3. The license period starts from ______ month ______ day of ______ year and ends on ______ month ______ day ______ year ______ month ______. After the contract expires, if the use time needs to be extended, Party A and Party B shall renew the trademark use license contract separately. 4. The geographical scope within which Party A permits Party B to use the trademark: within the territory of the People's Republic of China. 5. Party A permits Party B to use the trademark in the form of general license within the industry in the People's Republic of China ( ). During the term of the contract, other manufacturers will not be authorized to use Party A’s Class _______ trademarks on similar products in the ______ industry. 6. Party B is allowed to use explanatory text on product packaging, corporate plaques, and promotional materials: _______________________ _______________________ _______________________ Rights and Obligations of both Parties 7. Party B pays Party A RMB _____ million as trademark and naming royalties. 8. According to the provisions of the Trademark Law of the People's Republic of China: "The licensor shall supervise the quality of the goods used by the licensee using its registered trademark; the licensee shall ensure the quality of the goods using the registered trademark." Party B must guarantee On the goods it produces, products using Party A’s registered trademark must comply with national requirements on hygiene, quality, measurement, environmental protection, packaging, industry standards and legal explanatory texts for the product. 9. Party B shall not arbitrarily change the words, graphics or combinations of Party A’s registered trademarks, and shall not use Party A’s registered trademarks beyond the scope of the licensed products. 10. According to the provisions of the Trademark Law of the People's Republic of China, Party B must indicate Party B's company name and place of origin on the goods using Party A's registered trademark. 11. Party A and Party B should negotiate two months before the expiration of the trademark license contract on whether to continue to authorize the use of the trademark. If the trademark license contract expires, the trademark license contract will be re-signed and renewed. If the contract is not renewed, the contract will be terminated automatically.

12. After the contract is terminated, Party B shall not use Party A’s authorized trademarks, logos, or words titled _______________ chain store on its stores and products, and Party B is permitted to use Party B on its product packaging in item 6 of this contract. , the words specified in the corporate plaque and promotional materials, otherwise Party A has the right to pursue its infringement liability according to law. 13. During the validity period of the contract, Party A has the right to supervise the quality of Party B’s products in accordance with Article 40 of the Trademark Law of the People’s Republic of China. Party B is responsible for submitting the packaging design draft to Party A for review and filing, to avoid There is a violation of the law. 14. Party A’s authorization to use Party B’s trademark is based on the provisions of the Trademark Law of the People’s Republic of China and the Implementation Regulations, and is only for the purpose of improving Party B’s visibility and expanding market share. Product image planning and packaging. It is legally authorized and protected by law. At the same time, it should be emphasized that both parties are independent legal persons and each bears independent legal responsibilities; the claims and debts of Party A and Party B, as well as the legal liabilities unrelated to this contract, shall not involve the other party; the claims and debts of Party A and Party B, and Other legal disputes and liabilities unrelated to this contract cannot constitute joint and several legal liability to all parties. Effectiveness and Termination Conditions for this contract to take effect: 15. Both parties sign and seal the trademark license contract. 16. Party B paid Party A’s trademark usage fee in full according to the deposit amount stipulated in the contract. 17. Party A shall submit the trademark license contract to the Trademark Office of the State Administration for Industry and Commerce for filing. 18. Party B’s use of products with registered trademarks authorized by Party A must meet the following conditions: Product testing qualification report issued by the testing department designated by the State Administration of Technical Supervision. Products that are explicitly required to have environmental certification by the state must obtain certification from national environmental protection agencies or certification from nationally designated agencies. Products that must comply with national mandatory standards must meet the standards. For products that require a production license issued by the national administrative department, a production license must be obtained. This contract shall be checked by Party B at the local industrial and commercial bureau where it is registered within _____ months from the date of signature. 19. The effective date of the contract shall be subject to the signature and seal of representatives of both parties. Conditions for the termination of this contract: 20. The license period of the trademark license contract expires and the contract is not renewed. 21. Party B violated the provisions of the "Trademark Law of the People's Republic of China" and the "Implementation Regulations". After using Party A's registered trademark, its products were shoddily manufactured and passed off as inferior, deceiving consumers and constituting damage to Party A. Serious damage to reputation. 22. Within _____ working days after Party B signed this contract, the trademark license fee was not fully credited to Party A’s designated account (delayed during bank holidays and holidays). Transaction Procedure 23. Party A will first submit the contract to Party B for review. Party B will pay RMB 10,000 if there is no objection. The payment method can be divided into two methods: The first is a lump sum payment, and Party A promises to pay it in _____ hours The contract will be delivered to the Trademark Office of the State Administration for Industry and Commerce for filing as soon as possible and Party B will go with it. If the Trademark Office of the State Administration for Industry and Commerce does not accept the filing, Party A will fully refund all trademark licensing fees to Party B. Party B will pay the full amount until the National Trademark Office accepts the application. The second method: Party B pays the _____ portion of the full payment first, and the remaining amount is settled after Party A submits it to the Trademark Office of the State Administration for Industry and Commerce for acceptance. If Party B fails to allow Party A to complete all settlement matters within _____ working days after Party A has completed all procedures, Party A will regard Party B as a breach of contract and has the right to terminate the contract with Party B and suspend Party B's use of its registered trademark. The fees collected from Party B shall be used as compensation to Party A. The two parties signed the "Trademark License Use Contract" and went to the foreign-related trademark agency _____ trademark agency designated by the State Administration for Industry and Commerce to make a filing document. According to Chinese regulations, the foreign-related trademark agency submitted it to the Trademark Office of the State Administration for Industry and Commerce for filing. 24. After the agency submits the "Trademark License Contract" signed by both parties to the Trademark Office of the State Administration for Industry and Commerce, all obligations assumed by Party A will be completed.

25. After accepting the "Trademark License Use Contract", the Trademark Office of the State Administration for Industry and Commerce will issue a "Trademark Use License Filing Notice" to Party A in accordance with its administrative procedures, and publish it in the national "Trademark Announcement". 26. Party A designates _____ Investment Consulting Co., Ltd. as the collection and settlement unit of Party A, which is fully responsible for Party A’s trademark use licensing affairs in China, and will be responsible for any problems, disputes or legal disputes that arise during Party B’s use. , _____ Investment Consulting Co., Ltd. is responsible for coordinating the resolution and responding to the lawsuit. 27. The "Trademark License Contract" concluded in accordance with the provisions of the "Trademark Law of the People's Republic of China" and the "Implementing Regulations" meet the conditions for effectiveness in the contract, that is, it is legally binding on both parties. Liability for breach of contract 28. Party B cannot legally use the registered trademark of American Ambers International Co., Ltd. beyond the trademark category, product type, trademark use area, use form, use period and other conditions stipulated in the "Trademark License Contract". 29. Party B is limited to using the trademark authorized by Ambers International Co., Ltd. of the United States on the products produced by the company and in its stores. Party B shall not sublicense the trademark authorized by Party A to a third party in any form or reason, nor may it use it as an investment to establish a new legal entity with a third party to produce, sell and make profits. 30. Party B must pay all trademark usage fees in full before using Party A’s registered trademark, and shall not refuse or delay payment for various reasons. During the duration of the license contract, Party A cannot unilaterally terminate Party B's right to use the trademark (except in compliance with the terms of the "Contract Termination Conditions" in this contract). 31. If both parties violate the terms of "Liability for Breach of Contract", the defaulting party shall be fined an amount of RMB _____ million. Applicable Law 32. The formation, interpretation, validity and dispute resolution of this contract are governed by and protected by the Trademark Law of the People's Republic of China and the Implementation Regulations and other relevant laws and regulations. Dispute Resolution 33. If there is a dispute over the contract that needs to be modified, both parties must unanimously agree, sign a written contract and submit it to the original trademark office for acceptance before it can take effect. 34. For losses caused by one party's failure to perform its obligations under the contract or serious violation of the provisions of the contract, the non-defaulting party has the right to file financial compensation against the defaulting party. Both parties reach a consensus after negotiation, and the contract can continue to be performed after the non-breaching party receives compensation. 35. If a consensus cannot be reached on a contract dispute, the dispute can be submitted to the China Council for the Promotion of International Trade Arbitration Commission, which will conduct arbitration in accordance with the "Arbitration Regulations of the People's Republic of China". The arbitration result is final and beneficial to both parties. Binding. Interpretation, agency, dispute acceptance, arbitration institution 36. The right to interpret trademark license disputes in this contract lies with the Trademark Office of the State Administration for Industry and Commerce. 37. The trademark agency in this contract is _____ Trademark Agency Company. 38. Disputes arising from this contract shall be handled by the Intellectual Property Department of _____ Municipal Intermediate People’s Court. 39. The arbitration of disputes in this contract shall be conducted by the China Council for the Promotion of International Trade Arbitration Commission. This contract is made in quadruplicate. According to the provisions of the "Trademark Law of the People's Republic of China" and the "Implementing Regulations", Party A shall submit a copy of the contract to the State Administration for Industry and Commerce within _____ months from the date of signing. Party B shall submit a copy of the contract to the Industrial and Commercial Bureau of the place of registration for review. Licensor (Party A): Licensee (Party B): Legal representative: Legal representative: Date, month, year, trademark licensing contract performance matters needing attention Trademark licensing is known as the most promising business model in the 21st century. Through trademark use licensing, the licensor can expand the scope of the commercial trademark, expand the trademark's influence in a short period of time, and maximize the advantages of the trademark. For licensees, it can increase product sales in a short period of time and gain consumer recognition. However, if the risks in the contract licensing process for the use of catering trademarks are not taken seriously and prevented, the licensor may ruin the brand in a short period of time, and the licensee may lose both his wife and his army, so he should be cautious.

Of course, the licensee should also actively use the trademark, otherwise the trademark may be deregistered due to non-use for 3 years. When trademark infringement occurs, the licensor and licensee are urged to actively cooperate and jointly maintain the validity of the trademark. In my country, the licensees of the three types of licenses have different litigation rights. According to the judicial interpretation of the Supreme Court: the licensee of an exclusive license has the right to file a lawsuit with the People's Court alone, or apply for a pre-litigation injunction or evidence preservation. ; The licensee of an exclusive license can file a lawsuit with the People's Court or apply for a pre-litigation injunction or evidence preservation only if the right holder does not sue or apply; A lawsuit or pre-litigation injunction can only be brought if the person has express authorization. When the infringement cannot be stopped, the trademark right holder (especially in the case of ordinary licensing) is urged to cooperate (such as a non-prosecution statement or active authorization, etc.) with the licensee to assert the rights. Of course, for the licensee, if the trademark is infringed by others, the licensee should also assist the licensor to find out the facts. The infringement of an exclusively licensed trademark has a great impact on the licensee. Even for an exclusive license or a general license, if trademark infringement is widespread, the interests of the licensee cannot be realized. ③ Ensure the quality of goods using the licensed trademark. The licensee’s use of the trademark may affect the interests of the licensor, and even affect whether the trademark can maintain its validity. Therefore, generally the licensor will check the licensee’s rights before licensing. After the licensing contract is signed, the licensor will also take measures to control the quality of the goods or services provided by the licensee using the trademark. Control methods include assistance and supervision, such as regularly and irregularly sending technical personnel for guidance, training, inspections, etc., or conducting other communication activities, such as regular and irregular spot checks and product inspections to ensure the product quality of different companies using the same trademark. Stay the same. The licensor has not only the right but also the obligation to supervise the goods. Failure to fulfill the quality control obligations will pay a heavy price of being deprived of trademark rights. Of course, as a licensee, you are obliged to accept the supervision and review of product quality by the licensor and ensure the quality of the products or services using the licensor’s registered trademark. And indicate the name of the licensee and the origin of the goods on its goods or packaging to satisfy the public's right to know. If the licensee revokes the trademark use license due to illegal use, not only will it be difficult for the enterprise to survive, but the corresponding early investment will inevitably be in vain. ④ Disposal of related products after the license contract is terminated. After the license contract is terminated, the licensee shall not continue to use the licensor’s trademark. Then the sales period of the licensee's remaining goods, how to deal with the remaining trademarks, etc. should also be agreed upon to minimize losses. To prevent disputes, it is best for both parties to initially agree on the handling of related products after the contract is terminated. To sum up, the importance of a catering trademark use contract is obvious. When signing and performing a trademark use contract, both parties should have a full understanding of the licensed trademarks to avoid making some detours and should strictly follow the legal regulations. Relevant procedures can be avoided to the greatest extent possible in order to avoid legal risks and protect our own interests.